Letter of The U.P. Law Faculty To The SC On The Allegations of Plagiarism

RE: LETTER OF UP LAW FACULTY ENTITLED 'RESTORING INTEGRITY: A STATEMENT BY FACULTY OF UNIVERSITY OF
PHILIPPINES COLLEGE OF LAW ON ALLEGATIONS OF PLAGIARISM, AM No. 10-10-4-SC, 2011-03-08
Facts:
Antecedent Facts and Proceedings
On April 28, 2010, the ponencia of Associate Justice Mariano del Castillo (Justice Del Castillo) in Vinuya, et al. v. Executive
Secretary (G.R. No. 162230) was promulgated.
On July 19, 2010,... counsel for the Malaya Lolas, Attys. H. Harry L. Roque, Jr. (Atty. Roque) and Romel Regalado Bagares
(Atty. Bagares), filed a Supplemental Motion for Reconsideration in G.R. No. 162230, where they posited for the... first
time their charge of plagiarism as one of the grounds for reconsideration of the Vinuya decision.
They also claimed that "[i]n this controversy, the evidence bears out the fact not only of extensive plagiarism but of (sic)
also of twisting the true intents of the plagiarized sources by the ponencia to suit the arguments of the assailed
Judgment for denying the
Petition.
According to Attys. Roque and Bagares, the works allegedly plagiarized in the Vinuya decision were namely: (1) Evan J.
Criddle and Evan Fox-Decent's article "A Fiduciary Theory of Jus Cogens;
(2) Christian J. Tams' book Enforcing Erga Omnes
Obligations in International Law;... and (3) Mark Ellis' article "Breaking the Silence: On Rape as an International Crime."
On July 22, 2010, Atty. Roque's column, entitled "Plagiarized and Twisted," appeared in the Manila Standard Today.
In the said column, Atty. Roque claimed that Prof. Evan Criddle, one of the authors purportedly not properly
acknowledged in... the Vinuya decision, confirmed that his work, co-authored with Prof. Evan Fox-Decent, had been
plagiarized.
On July 22, 2010, Justice Del Castillo wrote to his colleagues on the Court in reply to the charge of plagiarism contained
in the Supplemental Motion for Reconsideration. In a letter dated July 23, 2010, another purportedly plagiarized author
in the Vinuya decision, Dr. Mark Ellis, wrote the Court, to wit:
Your Honours:
I write concerning a most delicate issue that has come to my attention in the last few days.
Much as I regret to raise this matter before your esteemed Court, I am compelled, as a question of the integrity of my
work as an academic and as an advocate of human rights and humanitarian law, to take exception to the possible
unauthorized use of my law review article on rape... as an international crime in your esteemed Court's Judgment in the
case of Vinuya et al. v. Executive Secretary et al. (G.R. No. 162230, Judgment of 28 April 2010).
I would appreciate receiving a response from your esteemed Court as to the issues raised by this letter.
With respect,... (Sgd.)
Dr. Mark Ellis
In Memorandum Order No. 35-2010 issued on July 27, 2010, the Court formed the Committee on Ethics and Ethical
Standards (the Ethics Committee) pursuant to Section 13, Rule 2 of the Internal Rules of the Supreme Court.
On August 2, 2010, the Ethics Committee required Attys. Roque and Bagares to comment on the letter of Justice Del
Castillo.
On August 9, 2010, a statement dated July 27, 2010, entitled "Restoring Integrity: A Statement by the Faculty of the
University of the Philippines College of Law on the Allegations of Plagiarism and Misrepresentation in the Supreme
Court" (the Statement), was posted in
Newsbreak's website... and on Atty. Roque's blog.
he statement was likewise posted at the University of the Philippines College of Law's bulletin board allegedly on August
10, 2010
On August 11, 2010, Dean Leonen submitted a copy of the Statement of the University of the Philippines College of Law
Faculty (UP Law faculty) to the Court, through Chief Justice Renato C. Corona (Chief Justice Corona).
Your Honors:
We attach for your information and proper disposition a statement signed by thirty[-]eight (38)[28] members of the
faculty of the UP College of Law. We hope that its points could be considered by the Supreme Court en banc.
Respectfully,... (Sgd.)
Marvic M.V.F. Leonen
Dean and Professor of Law
(Emphases supplied.)
For convenient reference, the text of the
UP Law faculty Statement is reproduced here:
With these considerations, and bearing in mind the solemn duties and trust reposed upon them as teachers in the
profession of Law, it is the opinion of the Faculty of the University of the Philippine College of Law that:
(1)The plagiarism committed in the case of Vinuya v. Executive Secretary is unacceptable, unethical and in breach of the
high standards of moral conduct and judicial and professional competence expected of the Supreme Court;
(2)Such a fundamental breach endangers the integrity and credibility of the entire Supreme Court and undermines the
foundations of the Philippine judicial system by allowing implicitly the decision of cases and the establishment of legal
precedents through... dubious means;
(3)The same breach and consequent disposition of the Vinuya case does violence to the primordial function of the
Supreme Court as the ultimate dispenser of justice to all those who have been left without legal or equitable recourse,
such as the... petitioners therein;
(4)In light of the extremely serious and far-reaching nature of the dishonesty and to save the honor and dignity of the
Supreme Court as an institution, it is necessary for the ponente of Vinuya v. Executive Secretary to resign his position,...
without prejudice to any other sanctions that the Court may consider appropriate;
(5)The Supreme Court must take this opportunity to review the manner by which it conducts research, prepares drafts,
reaches and finalizes decisions in order to prevent a recurrence of similar acts, and to provide clear and concise guidance
to the Bench and Bar... to ensure only the highest quality of legal research and writing in pleadings, practice, and
adjudication.
Malcolm Hall, University of the Philippines College of Law, Quezon City, 27 July 2010.
(SGD.) MARVIC M.V.F. LEONEN
Dean and Professor of Law

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RE: LETTER OF UP LAW FACULTY ENTITLED 'RESTORING INTEGRITY: A STATEMENT BY FACULTY OF UNIVERSITY OF

PHILIPPINES COLLEGE OF LAW ON ALLEGATIONS OF PLAGIARISM, AM No. 10-10-4-SC, 2011-03-08

Antecedent Facts and Proceedings

(2) Christian J. Tams' book Enforcing Erga Omnes

With respect,... (Sgd.)

Dr. Mark Ellis

Newsbreak's website... and on Atty. Roque's blog.

Marvic M.V.F. Leonen

Dean and Professor of Law

For convenient reference, the text of the

UP Law faculty Statement is reproduced here:

Dean and Professor of Law

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